THE 

Commonwealth of Massachusetts 




BY 



F. W. PANE 

STATE FORESTER 

Room 7, State House, Boston, Mass., U. S. A. 



THE 



Olcmmnnmmltli of ilasaarljus^tK 



FOREST LAWS 




Two years after a forest fire. Several thousand acres 
in one tract in Plymouth Cotinty. A loss that will 
take years to regain to forest conditions. 



By F. W, Bane, State Forester. 
Room 7, State House, Boston, Mass., U.S.A. 



BOSTON: 

Wright & Potter Printing Co., State Printers, 

18 Post Office Square. 

1907. 








A white pine growth destroyed by fire in the sjn'ing of 
1 907 that would have been worth two to five hun- 
dred dollars dfn am^'^n^fteen to twenty five years. 



R 14 1908 



Approved by The State Board of Publication. 






TO MASSACHUSETTS CITIZENS. 



In order that every one may become ac- 
quainted with the forest laws of Massachusetts 
the State Forester has compiled the various 
enactments in this small booklet. 

It is believed that the recent enactments of 
our General Court (1907) will go very far 
towards f ormino- a strono; foundation for future 
accomplishments in our State forestry work. 

If each town will do its full duty in seeing 
that a thoroughly competent, honest and pub- 
lic-spirited forest warden is appointed, and 
then give him due encouragement through 
financial assistance, good results are bound to 
follow. • 

With a corps of 320 forest wardens (one in 
each town), besides those in the cities, each 
with an organized working force of deputies 



iv FOREWORD. 



and public-spirited privates, the State Forester 
will have an army of men thoroughly enlisted 
in bettering our Bay State forestry conditions. 
The State Forester's office (room 7, State 
House, Boston) is headquarters for a progres- 
sive forestry movement, and stands in readi- 
ness not only to assist the town forest wardens 
in outlining their work, but to answer inquiries 
of all Massachusetts citizens. The State also 
has made provisions, as per enclosed law 
(1904, chapter 409, section 2), to give aid 
and advice upon request to individuals having 
forest lands. The forester is giving as much 
time as practicable to the educational feature, 
and besides is publishing bulletins and other 
literature, as fire laws, etc. He delivers lec- 
tures and talks before all organizations likely 
to be interested in promoting forestry. He 
has given talks before the following organiza- 
tions this year : Massachusetts Forestry Asso- 
ciation, State Board of Agriculture, Pomona 
granges. Boards of Trade, Eastern Shook 
and Wooden Box Manufacturers' Association, 



FOREWORD. 



schools and colleges, Women's clubs, Field 
and Forest Club, the ISTew England Eailroad 
Club, the Massachusetts and Worcester Horti- 
cultural societies, various farmers' clubs, local 
granges, civic clubs, improvement societies, 
etc. ' 

There is great need of co-operation in order 
to o;et desired results. The enclosed laws it 
is believed offer a natural channel through 
which may flow beneficial results and great 
future ofood for this Commonwealth. 



F. W. RANE, 

State Forester. 



State House, Boston, Mass., 
July 15, 1907. 



CONTENTS. 



I. 

PAGE 

The State Forester, 1 

Appointment, term, etc 1 

Powers, duties, etc., 2 

May establish and maintain nursery, etc., . 3 

May hire assistants, 3 

To make annual report, .... 3 

Appropriations, 4 



II. 

Forest Wardens in Cities and Towns, . 4 

Appointment, etc 4 

Duties of, etc., 5 

His deputies, 6 

Compensation, ...... 6 

Replace firewards, 7 

Not liable for trespass, 7 

Disturbing notices, 7 

Forestry conventions 8 

Existing forest firewards to act, ... 8 

Repeal, 8 



Vlll 



CONTENTS. 



III. 

PAGE 

Powers of Forest Wardens in Fighting 

Fires and to call for Assistance, . 9 

Back fires in woodlands, .... 9 

Penalty for refusing aid, .... 9 

Rate of payment, 10 

Permission to set fires in the open necessary, 10 
Expenditures authorized, . . . .11 



IV. 

Punishable Offences against Forest 
Lands, .... 
Setting fires to woodpiles, etc.. 
Setting fires to trees, . 
Setting fires negligently, 
Cutting timber, etc., 
Malicious injuries to trees, etc., 
Trespass with intent to destroy, 
Arrest without warrant. 



12 
12 
12 
13 
13 
14 
15 
16 



v. 

Exemplary Damages for Injuring Timber 

AND Special Liability of Railroads, 17 

Treble damages for wilfully cutting, etc., . 17 

Railroads liable for fire, etc 17 



CONTENTS. 



IX 



VI. 

PAGE 

Land adjoining Railroads and Powers 

AND Duties of Railroads, . . .18 

Spark arresters required, . . . .18 

Must remove inflammable material, . . 19 

May clear adjoining land, . . . .19 

Railroad fire signal, . . . . .21 

Duties of railroad employees, . . .21 

Duties of corporations, . . . .22 

Proviso as to park lands, . . . . 22 



VII. 

TovTN Appropriations and Public Domain, 22 
Prevention of forest fires, . . . .22 
Public domain, taking, etc., . . .23 
Description of land to be filed, etc., . . 23 
Board of Agriculture to act, etc., . . 24 



VIII. 

Plantations exempt from Taxation, . . 24 
Plantation of timber trees, . . . .24 



IX. 

Gypsy Moth and Insect Pests, . . .25 
Gypsy and brown tail motbs declared nui- 
sances, 25 

Superintendent, appointment, salary, etc., . 26 



X CONTENTS. 



Gypsy Moth and Insect Pests — Con. page 

Annual report, ...... 26 

Powers and duties, 26 

Cities and towns to destroy eggs, etc., . 28 

Reimbursements, ...... 28 

City and towns to be reimbursed, . .28 

Commonwealth to make expenditures, etc., 29 
Reimbursements, . . . . . .29 

Itemized account of expenditures, etc., . 29 
Previous years as basis, .... 30 

Superintendent to order expenditures, etc., 30 
Penalty failing to comply, . . . .31 

Superintendent may continue work, etc., . 31 
Expenditures not to exceed, etc., . . 32 

Cities and towns to notify owners, etc., . 33 
Part of premises may be designated, etc., . 33 
Lands may be assessed, etc., . . .34 
Assessments of betterments, . . .35 

Redemption of real estate, . . . .36 

Persons aggrieved may appeal, etc., . . 36 
Assessments may be abated, etc., . . 37 

Expenditures, 37 

Additional sums may be expended, etc., . 38 

Repeal, 38 

Penalty for obstructing, etc., . • .39 
Valuation, previous year to govern, . . 39 
Transportation of injurious insects, . . 39 



MASSACHUSETTS FOEEST LAWS/ 



I. 

The State Forester. 
1904, 409, as amended, 1907, 473, sec. 1. 
The governor, with the advice and consent of 
the council, shall appoint an officer . . , 

^ ^ Appomt- 

to be known as the state forester, ment, term, 
who shall receive an annual salary 
of three thousand dollars . He shall be a trained 
forester who has had a technical education. He 
shall serve for the term of one year, unless re- 
moved for cause by the governor and council, 
or until his successor has been appointed and 
has qualified for office. The term of his office 
shall begin on the first day of July. The state 
forester shall be, ex officio, a member of the 
state board of agriculture. 

1 La ws' relative to trees in the highways, streets, parks, 
and forests that border into the public thoroughfares are 
not included. While these laws are closely associated 
with and in some instances become forest laws it has been 
thought best to clearly designate them as the tree warden 
acts. See the so-called "Tree Warden Law," chap. 330, 
Acts of 1899; R. L., chap. 53, sees. 6 to 16. 



FOREST LAWS. 



1904, 409, sec. 2. It shall be the duty of 
the state forester to promote the perpetuation, 
Powers and extension and proper management 
duties. of the forest lands of the Common- 

wealth, both public and private. He may 
upon suitable request give to any person own- 
ing or controlling forest lands aid or advice in 
the management thereof. He shall give such 
a course of instruction to the students of the 
Massachusetts Agricultural College on the art 
and science of forestry as may be arranged for 
by the trustees of the college and the forester ; 
and shall perform such other duties from time 
to time as may be imj)osed upon him by the 
governor and council. The state forester shall 
have the right to publish the particulars and 
results of any examination or investigation 
made by him or his assistants as to any lands 
within the Commonwealth, and the advice given 
to any person who has applied for his aid or 
advice. Any recij)ient of such aid or advice 
shall be liable to the state forester for the 
necessary expenses of travel and subsistence 
incurred by him or his assistants. The state 
forester shall account for moneys received 
under this clause according to the provision of 
section five. 



FOREST LAWS. 



1904, 409, sec. 3. The state forester may 
establish and maintain a nursery for the propa- 
gation of forest tree seedlino-s on ,^ 

'^ ^ May estato- 

such lands as the trustees of the lish and 

. 1 /-^ 1 maintain 

Massachusetts Agricultural Col- nursery, 
lege may set asid^ for that purpose 
on the college grounds at Amherst. Seedlings 
from this nursery shall be furnished to the 
Commonwealth without expense for use upon 
reservations set aside for the propagation of 
forest growth for other than park purj)Oses. 
He may distribute seeds and seedlings to land- 
owners, citizens of the Commonwealth, under 
such conditions and restrictions as he may, sub- 
ject to the approval of the governor and coun- 
cil, deem advisable. 

1904, 409, sec. 4. The state forester is 
hereby empowered, subject to the approval of 
the governor and council, to hire j^ j^j^.^ 
such assistants as he may need in assistants. 
the performance of his duties, and to fix their 
salaries . 

1904, 409, sec. 5. The state forester shall 
annually, on or before the thirty-first day of 
December, make a written report 

^ To make 

to the general court of his j)ro- annual 
ceedings for the year ending on the 



FOREST LAWS. 



thirty-first day of December, together with such 
recommendations as he may deem proper, and 
with a detailed statement of the receipts and 
expenditures incident to tlie administration of 
his office. His report shall be printed in the 
report of the state board of agriculture. 

1904, 409, sec. 6, as amended, 1907, 473, 

sec. 2. Such sums as the general court shall 

authorize may be expended annu- 

Appropria- "^ ^ 

tions. ally by the state forester, with the 

approval of the governor and council, in 
carrying out the provisions of this act. 

II. 
Forest "Wardens in Cities and Towns. 
E. L. 32, sec. 16, as amended, 1907, 475, 
sec. 1. The mayor and aldermen in cities 
Appoint- ^^^ *^^® selectmen in towns shall 
ments. annually, in March or April, ap- 

point a forest warden, and they shall forth- 
with give notice of such appointment to the 
state forester. The appointment of a forest 
warden shall not take effect unless approved 
by the state forester, and when so approved 
notice of the appointment shall be given by 
the mayor and aldermen or by the selectmen 
to the person so appointed and approved. 



FOREST LAWS. 



Whoever having been duly appointed fails 
within seven days after the receipt of such 
notice to file with the city or town clerk his 
acceptance or refusal of the office shall, unless 
excused by the mayor and aldermen or by the 
selectmen, forfeit ten dollars. Nothing in 
this act or in any other act shall be construed 
to prevent the offices of tree warden, select- 
man, chief of fire department and forest warden 
from being held by the same person. 

1907, 475, sec. 2. The forest warden shall 
take precautions to prevent the spread of forest 
fires and the improper kindling _ ^. 

^ ^ ^ Duties of 

thereof, and shall have sole charge forest 
of their exting-uishment. He shall 
investio-ate the causes and extent of forest fires 
and the injury done thereby, the values of 
forest lands, the character and extent of wood- 
cutting operations, the prevalence of insect 
pests injurious to forest growth, and other 
matters affecting the extent and condition of 
woodlands in his city or town, and shall report 
thereon to the state forester at such times and 
in such form as the state forester may require. 
He shall also post in suitable places in the 
city or town such warnings against the setting 
of forest fires and statements of the law relat- 



6 FOREST LAW^. 

ing thereto as may be supplied to Mm by the 
state forester. The engineers of fire depart- 
ments in cities and in towns in which a fire 
department exists and which have so voted 
shall perform the duties and exercise the 
powers of forest wardens with respect to forest 
fires. 

R. L. 32, sec. 20, as amended, 1907, 475, 
sec. 3. The forest warden may appoint depu- 
ties to assist him in the performance 
epu les. ^^ j^.g duties and may discharge the 
same, and he or his deputies may, if in their 
judgment there is danger from a forest fire, 
employ assistance or require any male person 
in their city or town between the ages of 
eighteen and fifty years to aid in its extinguish- 
ment or prevention, and may require the use 
of horses, wagons and other property adapted 
to that purpose, and shall keep an account of 
the time of all persons assisting them and a 
schedule of all property so used.^ 

1907, 475, sec. 4. The state forester shall 
from moneys annually appropriated for the ex- 
Compensa- penses of his ofiice recompense the 
tion. forest wardens for the time spent 

1 See ftirther under next division of this pamphlet. 



FOREST LAWS. 



by them in making investigations under his 
direction according to the provisions of section 
two of this act : ijrovided, that the state forester 
shall not be liable to make any such payment 
excej)t upon the iDresentation of a duly itemized 
account, or to pay for such investigations at a 
rate greater than that of thirty-five cents an 
hour, or in excess of the appropriation available 
for such payment. 

1907, 475, sec. 5. The officials designated 
as " firewards " or " forest firewards," in chap- 
ter thirty -two of the Revised Laws Replace 
shall hereafter be called Forest firewards. 
Wardens. 

1907, 475, sec. 6. Forest wardens, their 
deputies and assistants shall not be liable for 
trespass while acting in the reason- ^^^^^^ liable 
able performance of their duties.* for trespass. 

1907, 475, sec. 7. Whoever wilfully and 
maliciously tears down or destroys any notice 
posted under the provisions of Disturbing 
section two of this act shall be notices. 
punished by a fine of ten dollars. 

1907, 475, sec. 8. The state forester may 
from moneys appropriated annually for the 

1 See also sections on pages 19 and 21. 



8 FOREST LAWS. 

expenses of his office expend a snm not ex- 
ceeding two thousand dollars in making neces- 
Forest con- ^^^7 arrangements for conventions 
ventions. ^f forest wardens and in paying 
wholly or in part the travelling expenses to 
and from their towns of such forest wardens 
as attend this convention : provided, that no 
moneys shall be expended under authority of 
this section in paying the travelling expenses 
of any one warden to or from more than one 
convention in any one year; and provided, 
further, that said conventions shall be held at 
a place within the Commonwealth. 

1907 ,475, sec. 9 . Forest firewards appointed 
under section sixteen of chapter thirty-two of 
Existing the Revised Laws and foresters 
wards to^ appointed under section fourteen 
act. of chapter fifty-three of the Re- 

vised Laws before the passage of this act shall 
between the time of its passage and the expira- 
tion of their terms of office perform the duties 
and have the powers of a forest warden as 
herein provided. 

1907, 475, sec. 10. Sections seventeen, 

eighteen and twenty -two of chapter thirty-two 

of the Revised Laws, and section 

Repea . fourteen of chapter fifty-three of 



FOREST LAWS. 



the Revised Laws, and all acts and parts of 
acts inconsistent herewith are hereby re- 
pealed. 

ni. 

Powers of Forest Wardens in Fighting Fires 
and to call for Assistance. 

R. L. 32, sec. 19, as amended, 1907, 475, 

sec. 5. If a fire occurs in woodland, two or 

raore of the forest wardens of the ^ , „ 

Back fires 

town, or of a town containing in wood- 
woodland which is endangered by 
such fire, who are present at a place in imme- 
diate danger of being burned over, may set 
back fires and take all necessary precautions 
to prevent the spread of the fire. 

R. L. 32, sec. 21. Whoever wilfully refuses 
or neglects, without sufiicient cause, to assist, 
or to allow the use of his horses, _ ,^^ 

Penalty for 

wagons or other property as re- refusing 
T , , T ' , . aid. 

quired by the preceding section, 

shall, for each offence, be punished by a fine of 
not less, than five nor more than one hundred 
dollars, to be equally divided between the com- 
plainant and the town, and may also be im- 
prisoned for not more than sixty days. 

R. L. 32, sec. 23. Payment shall be made 
to forest wardens, to their deputies, and to the 



10 FOREST LAWS. 

persons assisting them, and for property used 
under their direction at a forest fire, at a rate 
■Rate of pay- Prescribed by the town, or, in 
ment. default of its action thereon, by 

the selectmen. No such payment shall be made 
until an itemized account, approved by the 
forest wardens under whose direction the work 
was done or assistance furnished, shall have 
been filed with the ofiicer making payment.' 

R. L. 32, sec. 24. In a town which acce]3ts 
the provisions of this section or has accepted 
Permission ^^® corresponding provisions of 
to set fires earlier laws, no fire shall be set in 

m the open ' 

necessary, the Open air between the first day 
of April and the first day of October, unless by 
the written permission of a forest warden. The 
forest warden shall cause public notice to be 
given of the provisions of this section, and shall 
enforce the same. Whoever violates the pro- 
visions of this section shall be punished by a 
fine of not more than one hundred dollars, to 
be divided equally between the complainant 
and the town, or by imprisonment for not more 
than one month, or by both such fine and 
imprisonment. 

1 See also sec. 4 on page 6. 



FOREST LAWS. 11 

R. L. 32, sec. 25. Money appropriated by 
a town under the provisions of section seventeen 
of chapter twenty-five, for the pre- _ 

^ .; ' r Expendi- 

vention of forest fires, and all fines tures 

T , ,1 . . „ authorized. 

received under the provisions of 
sections twenty-one, twenty-two and twenty- 
four of this chapter and section nine of chapter 
two hundred and eight shall be expended by 
the forest warden, under the supervision of 
the selectmen, in trimming brush out of wood 
roads, in preparing and preserving suitable 
lines for back fires or in other ways adapted to 
prevent or check the spread of fire ; or such 
town may expend any portion of such money 
in taking in the name of the town such wood- 
land as the selectmen, upon the recommenda- 
tion of the forest warden, consider expedient 
for the purpose of preventing forest fires . Such 
taking and the payment of damages therefor or 
for injury to property, other than by fire or 
back fire, shall be governed by the laws re- 
lating to the taking of land for highways.^ 

1 See also sec. 3 on page 6. 



12 FOREST LAWS. 



IV. 

Punishable Offences against Forest Lands. 

R. L. 208, sec. 5. Whoever wilfully and 
maliciously burns or otherwise destroys or 
injures a pile or parcel of wood, 
to wood- boards, timber or other lumber, or 
p es, e c. ^^^ fence, bars or gate, or a stack 
of grain, hay or other vegetable product, or any 
vegetable product severed from the soil and 
not stacked, or any standing tree, grain, grass 
or other standing product of the soil, or the 
soil itself, of another, shall be punished by 
imprisonment in the state prison for not more 
than five years, or by a fine of not more than 
five hundred dollars and imprisonment in jail 
for not more than one year. 

R. L. 208, sec. 7. Whoever by wantonly or 
recklessly setting fire to any material causes 
Setting fire injury to, or the destruction of, 
to trees. ^ny growing or standing wood of 

another shall be punished by a fine of not more 
than one hundred dollars or by imprisonment 
for not more than six months. 

R. L. 208, sec. 8. Whoever wilfully or with- 
out reasonable care sets fire upon land of 



FOREST LAWS. 13 

another whereby the property of another is 
injured, or whoever negligently or wilfully 
suffers any fire upon his own land getting fires 
to extend beyond the limits there- negligently, 
of, whereby the woods or property of another 
are injured, shall be punished by a fine of not 
more than two hundred and fifty dollars. 

R. L. 208, sec. 9. Whoever in a town which 
accepts the provisions of this section, or has 
accepted the corresponding pro- g^^e 
visions of earlier laws, sets a fire subject. 
on land which is not owned or controlled by 
him and before leaving the same neglects to 
entirely extinguish such fire, or whoever wil- 
fully or negligently suffers a fire upon his own 
land to escape beyond the limits thereof to the 
injury of another, shall be punished by a fine 
of not more than one hundred dollars, or by 
imprisonment in jail for not more than one 
month, or by both such fine and imprisonment ; 
and shall also be liable for all damages caused 
thereby. Such fine shall be equally divided 
between the complainant and the town. 

R. L. 208, sec. 99, as amended, 1904, 444, 
sec. 1. Whoever wilfully cuts down or de- 
stroys timber or wood standing or cutting 
growing on the land of another, timber, etc. 



14 FOREST LAWS. 

or carries away any kind of timber or wood 
cut down or lying on such land, or digs up or 
carries away stone, ore, gravel, clay, sand, 
turf or mould from such land, or roots, nuts, 
berries, grapes or fruit of any kind or any 
plant there being, or cuts down or carries away 
sedge, grass, hay or any kind of corn, standing, 
growing or being on such land, or cuts or takes 
therefrom any ferns, flowers or shrubs, or car- 
ries away from a wharf or landing place any 
goods in which he has no interest or j)roperty, 
without the license of the owner thereof, shall 
be punished by imprisonment for not more 
than six months or by a fine of not more than 
five hundred dollars, and if the offence is com- 
mitted on the Lord's day or in disguise or se- 
cretly in the night time the imprisonment shall 
not be less than five days nor the fine less than 
five dollars. 

R. L. 208, sec. 100. Whoever wilfully and 

maliciously cuts down, destroys or injures a 

tree which is not his own, standing 

Malicious 

injuries to lor any useful purpose, or whoever 
' ' wilfully and maliciously breaks 
glass in a building which is not his own, or 
whoever wilfully and maliciously breaks down, 
injures, mars or defaces a fence belonging to 



FOREST LAWS. 15 

or enclosing land which is not his own, or wil- 
fully and maliciously throws down or opens a 
gate, bars or fence, and leaves the same down 
or open, or maliciously and injuriously severs 
from the freehold of another any produce 
thereof or anything attached thereto, shall be 
punished by imprisonment for not more than 
six months or by a fine of not more than five 
hundred dollars. 

K. L. 208, sec. 106. Whoever wilfully and 
maliciously, and without permission of the 
owner or person having control 

.1 11 Trespass 

thereof, enters upon the orchard, with intent 
garden or other improved land^ of ** ^* ^**^* 
another, with intent to cut, take, carry away, 
destroy or injure the trees, grain, grass, hay, 
fruit or vegetables there growing or being, 
shall be punished by imprisonment for not 
more than six months or by a fine of not more 
than five hundred dollars ; and if the offence 
is committed on the Lord's day or in disguise 
or secretly in the night time the imprisonment 
shall not be less than five days nor the fine less 
than five dollars. 

R. L. 208, sec. 121. Whoever is discovered 

1 It is believed that artificial plantations of forest trees 
are within the meaning of this section. 



16 FOREST LAWS. 

in the act of wilfully injuring a fruit or forest 
tree or of committing any kind of 
without malicious mischief on the Lord's 

day may be arrested without a 
warrant by a sheriff, deputy sheriff , constable, 
watchman, police officer or other person, and 
detained in jail or otherwise until a complaint 
can be made against him for the offence and 
he be taken upon a warrant issued upon such 
complaint ; but such detention without war- 
rant shall not continue more than twenty-four 
hours. 

1907 ; 299. The commissioners on fisheries 
and game and their duly authorized deputies 
Same may arrest without a warrant any 

subject. person found in the act of un- 

lawfully setting a fire. Said commissioners 
and their deputies may require assistance ac- 
cording to the provisions of section twenty of 
chapter thirty- two of the Revised Laws, and 
they shall take precautions to prevent the prog- 
ress of forest fires, or the improper kindling 
thereof, and upon the discovery of any such 
fire shall immediately summon the necessary 
assistance, and notify the forest fireward of 
the town. 



FOREST LAWS, 17 



Y. 

Exemplary Damages for injuring Timber 
and Special Liability of Railroads. 

R. L. 185, sec, 7. A person who without 

license wilfully cuts down, carries away, girdles 

or otherwise destroys any trees, timber, wood 

or underwood on the land of another shall 

be liable to the owner in an action xrebie dam- 

of tort for three times the amount *?ff ^?' , 

wilfully cut- 

of the damages assessed therefor ; ting* etc. 
but if it is found that the defendant had g-ood 
reason to believe that the land on which the 
trespass was committed was his own or that he 
was otherwise lawfully authorized to do the 
acts complained of, he shall be liable for single 
damages only.' 

R. L. Ill, sec. 270. Every railroad corpo- 
ration and street railway company shall be 
liable in damages to a person or 

^ ^ Kailroads 

corporation whose buildings or liable for 
other property may be injured by may procure 
fire communicated by its locomo- "* "' ^^^' 
tive engines, and shall have an insurable in- 

1 Other sections of R. L. 185 provide exemplary dam- 
ages for certain acts of waste and trespass, but have no 
special reference to forest lands. 



18 FOREST LAWS^ 

terest in the property upon its route for which 
it may be so held liable, and may procure in- 
surance thereon in its own behalf. If it is held 
liable in damages, it shall be entitled to the 
benefit of any insurance effected upon such 
property by the owner thereof, less the cost of 
premium and expense of recovery. The money 
received as insurance shall be deducted from 
the damages, if recovered before they are as- 
sessed ; and if not so recovered, the policy of 
insurance shall be assigned to the corporation 
which is held liable in damages, and it may 
maintain an action thereon. 

VI. 

Land adjoining' Railroads and Powers and 
Duties of Railroads. 

1907, 431, sec. 1. Every corporation 

operating a steam railroad within this Com- 

Spark- mon wealth shall, subject to the 

arrester. approval of the board of railroad 

commissioners, install and maintain a sj^ark- 

arrester on every engine in its service in which 

wood, coke or coal is used as fuel, and shall, 

between the first day of April and the first day 

of December in each year, keep the full width 

of all of its locations over which such engines 



FOREST LAWS. 19 

are operated, to a point two hundred feet dis- 
tant from the centre line on each side thereof, 
clear of dead leaves, dead grass, dry bush or 
other inflammable material, and Must re- 
shall not at any time leave any g'ammabie 
deposit of fire, hot ashes or live material. 
coals upon its locations in the immediate vicinity 
of woodlands or grass lands, and shallpost in 
stations and other conspicuous places within 
its location and right of way such notices and 
warning placards as are furnished to it for the 
purpose by the state forester : provided, that 
nothing in this section shall be construed to pro- 
hibit any railroad corporation from piling or 
keeping upon its location or right of way cross- 
ties or other material necessary for the main- 
tenance and operation of its railroad. 

1907, 431, sec. 2. Any railroad corporation 
may, upon giving notice according to the pro- 
visions of this section, enter upon 

~ T 1 1 T . . May clear 

ummproved land adjoinmg any landadjoin- 
location^ or right of way upon "^^ ***^ ^^^' 
which it operates engines burning wood, coke 
or coal, and may there at its own expense and 
subject to the direction of the forest warden, 
or the officer or board having his powers, in 
the city or town in which the land is situated. 



20 FOREST LAWS. 

clear such land of dead leaves, dead grass and 
dead wood to a distance of one hundred feet 
from the tracks, without thereby becoming 
liable for trespass : provided, that no railroad 
corporation shall, under the provisions of this 
section, do any acts on unimproved land out- 
side its location or right of way, unless it has 
within two months given fourteen days' notice 
in writing by mail or otherwise to the occupant 
of the land, and to the owner thereof, if he re- 
sides or has a usual place of business in the 
city or town in which it is situated, and if the 
land is unoccupied and the owner does not re- 
side or have a usual place of business in the 
city or town, then, unless the railroad corpo- 
ration has within two months published notice 
of its purpose once in three successive weeks 
in a newspaper published in the county in which 
the land is situated, and unless it has within 
three days given at least twenty-four hours' 
notice to the forest warden [or the officer or 
board having his powers],^ in the city or town 
in which the land is situated of the location of 
the land which it intends to enter under the 

1 Since the passage of chap. 475, Acts of 1907, the forest 
warden would be the officer designated by the bracketed 
words. 



FOREST LAWS, 21 

provisions of this section, and of the time at 
which it intends to enter the same ; 2indi provided, 
further, that no notice hereby required shall be 
valid miless it sets forth the provisions of this 
section. ^ 

1907, 431, sec. 3. Any engineer, conductor 
or other employee on a train who discovers a 
fire burning uncontrolled on lands Railroad 
adjacent to the tracks shall forth- ^^^ signal. 
with cause a fire signal to be sounded from the 
engine, which shall consist of one long and 
three short whistle blasts repeated several 
times, and shall notify the next sectionmen 
whom the train passes, and the next telegraph 
station, of the existence and location of the fire. 
The provisions of this section shall not affect 
the authority conferred upon the board of rail- 
road commissioners by the provisions of section 
one hundred and forty-eight of Part II of chapter 
four hundred and sixty-three of the acts of the 
year nineteen hundred and six. 

1907, 431, sec. 4. Sectionmen or other em- 
ployees of a railroad corporation who receive 
notice of the existence and location 
of a fire burning on land adjacent railroad 
to the tracks shall forthwith pro- ^"^^ oyees. 
ceed to the fire and shall use all reasonable 



22 FOREST LAWS. 

efforts to extinguish it : provided, that they are 
not at the time employed in h^bors immediately 
necessary to the safety of tracks or to the safety 
and convenience of passengers and the public. 
1907, 4:31, sec. 5. Railroad corporations 
shall inform their employees as to their duties 
under this act and shall furnish 

Duty of , . 1 1 . „ ., 

corpora- them With the approx3riate facil- 
ities for reporting and extinguish- 
ing such fires. 

1907, 431, sec. 6. IsTo thing in this act shall 

be construed to give any railroad cor^^oration 

power to enter upon, or to interfere 

Proviso as . ^ , , „ - 

to park m the management or care oi, any 

lands. IT. T ,. 

public park or reservation. 

yn. 

Tow^n Appropriations and Public Domains. 

R. L. 25, sec. 17. A town which accepts 

the provisions of this section, or has accepted 

the corresponding provisions of 

Prevention -,. -, 

of forest earlier laws, may appropriate 
money for the prevention of forest 
fires to an amount not exceeding one-tenth of 
one per cent of its valuation.^ 

1 See also sec. 25, on page 11. 



FOREST LAWS. 23 



R. L. 28, sec. 23. A town, by a vote of 
two-thirds of the legal voters present and vot- 
ing at a town meeting, or a city in public 
which the city council consists of faMng?ipur- 
two branches, by a vote of two- poses, title. 
thirds of the members of each branch, and a 
city hi which there is a single legislative board, 
by a vote of two-thirds of the members thereof, 
present and voting thereon, may take or pur- 
chase land mthin their limits, which shall be 
a public domain, and may appropriate money 
and accept gifts of money and land therefor. 
Such public domain shall be devoted to the cul- 
ture of forest trees, or to the preservation of the 
water supply of such city or town and the title 
thereto shall vest in the Commonwealth for the 
benefit of the city or town in which it lies. 

R. L. 28, sec. 24. A description of the land 
taken sufficiently accurate for its identification, 
shall within sixty days after such description 
taking, b^ filed by such city or ^^ ^1^^*** 
town in the registry of deeds for damages. 
the comity or district in which the land is situ- 
ated and shall be recorded therein. Damages 
occasioned by such taking may be recovered 
as provided in the case of the taking of land 
for a highway. 



24 FOREST LAWS. 

R. L. 28, sec. 25. The state board of ao:ri- 

culture shall [act as a board of forestry, 

without pay, except for necessary 

agriculture travelling expenses, and shall] ^ 

board of have the supervision and manage- 

oresry, ec. j^^j^^ q| ^-^^ sMoh public domains. 

It shall make regulations for their care and 
use, and for the planting and cultivating of 
trees therein, and shall appoint one or more 
keepers, who, under its direction, shall have 
charge of each public domain, enforce its 
regulations, perform such labor thereon as 
it requires ; and who shall, within such public 
domain, have the power of constables and pub- 
lic officers in towns. 

vin. 

Plantations exempt from Taxation. 
R. L. 12, sec. 6. All plantations of chest- 
nut, hickory, white ash, white oak, sugar 
maple, European larch and pine 

Plantations 

of timber timber trees, in number not less 
than two thousand trees to the 

1 The words bracketed would appear to be superseded 
by the law establishing the office of State Forester. For 
further provisions as to establishment and management 
of domains see other sections of the act. 



FOREST LAWS. 25 

acre, upon land, not at the time of said plant- 
ing woodland or sprout-land and not having 
been such within five years previously, the 
actual value of which at the time of planting 
does not exceed fifteen dollars per acre, shall, 
with such land, be exempt from taxation for a 
period of ten years after said trees have grown 
in height four feet on the average subsequently 
to such planting, upon satisfactory proof by 
the owners to the assessors of these facts ; but 
such exemption shall not extend beyond the 
time during which said land is devoted exclu- 
sively to the growth of" said trees. 

IX. 

Gr3rpsy Motli and Insect Pests. 
1905, 381, sec. 1. For the purposes of this 
act the pup £6, nests, eggs and caterpillars of 
the o-ypsy and brown tail moths ^ 

^-J ^ -J Gypsy and. 

and said moths are hereby de- brown tau 
. 11. motiis de- 

clared public nuisances, and their ciared 

,T . , -, nuisances. 

suppression is authorized and re- 
quired ; 'but no owner or occupant of an estate 
infested by such nuisance shall by reason 
thereof be liable to an action, civil or criminal, 
except to the extent and in the manner and 
form herein set forth. 



26 FOREST LAWS 

1905, 381, sec. 2. The governor, by and 
with the consent of the comicil, shall appoint 
a sujDerintendent for suppressing 
dent,^ the gypsy and brown tail moths 

ment, and shall determine his salary. 

a ary, e c. rpj^^ governor may, with the con- 
sent of the council, remove said superintendent 
at any time for such cause as he shall deem 
sufficient. In case of the death, removal or 
resignation of the superintendent the governor 
shall forthwith appoint a successor. On or 
Annual before the third Wednesday in 

report. January in each year the super- 

intendent shall make a report of his proceed- 
ings to the general court, which shall be a 
public document and shall be printed. Said 
report shall separate so far as is practicable 
the expenditures on work against the gypsy 
moth from those on work a^'ainst the brown 
tail moth in each city and town. 

1905, 381, sec. 3, as amended, 1906, 268, 
sec. 1. The said superintendent shall act for 
Powers and ^^^^ Commonwealth in suppressing 
duties. gj^j(-] moths as public nuisances, in 

accordance with the jjrovisions of this act. For 
this purpose he shall establish an office and 
keep a record of his doings and of his receipts 



FOREST LAWS. 27 

and expenditures, and may, subject to the 
approval of the governor, make rules and 
regulations governing all ojDerations by cities, 
towns or individuals under this act. He may 
employ such clerks, assistants and agents, in- 
cluding expert advisers and inspectors, as he 
may deem necessarj^ and as shall be approved 
by the governor. He may make contracts on 
behalf of the Commonwealth ; may act in co- 
operation with any person, persons, corpora- 
tion or corporations, including other states, 
the United States or foreign governments ; 
may conduct investigations and accumulate and 
distribute information concernino; said moths : 
may devise, use and require all other lawful 
means of suppressing or preventing said moths ; 
may lease real estate when he deems it neces- 
sary, and, with the approval of the board in 
charge, may use any real or jjersonal property 
of the Commonwealth ; may at all times enter 
upon the hand of the Commonw^ealth or of a 
municipality, corporation, or other owner or 
owners, and may use all reasonable means in 
carrying out the purposes of this act ; and, in 
the undertakings aforesaid, may, in accordance 
with the provisions of this act, expend the 
funds appropriated or donated therefor ; but no 



28 FOREST LAWS. 

expenditure shall be made or liability incurred 
in excess of such approiDriations and donations. 
1905, 381, sec. 4, as amended, 1907, 521, 
sec. 1. Cities and towns by such public officer 
_.^, , or board as they shall designate 

Cities and "^ ^ 

towns to or aiDpoint, shall, mider the advice 

destroy . -. . n 

eg-gs, nests, and general direction oi said super- 

etc, within • ■ i . i , ,i / 

their limits, mtendeiit, destroy the eggs, cater- 
except, etc. pj^ars, pupje and nests of the 
gypsy and brown tail moths within their 
limits, except in parks and other property 
under the control of the Commonwealth, and 
except in priyate property, save as otherwise 
provided herein. When any city or town shall 
have expended within its limits city or town 
funds to an amount in excess of five thousand 
dollars in any one fiscal year, in suppressing 
gypsy or brown tail moths, the Commonwealth 
Reimburse- shall reimburse such city or town 
ments. ^q ^\-^q extent of fifty per cent of 

such excess above said five thousand dollars. 

Cities or towns, where one twenty -fifth of 
one per cent of the assessed valuation of real 
Cities and ^"^^ personal property is less than 
reiSbu?sed ^^^ thousand dollars, and where 
in part by ^|^g assessed valuation of real and 

Common- 
wealth, personal property is greater than 

six million dollars, shall be reimbursed by the 



FOREST LAWS. 29 



Commonwealth to the extent of eighty per cent 
of the amount expended by such cities or towns 
of city or town funds in suppressing the gypsy 
and brown tail moths in any one fiscal j^ear, in 
excess of said one twenty-fifth of one per cent. 
In the case of towns where the assessed 
valuation of real and personal property is less 
than six million dollars, after they common- 
have expended in any one fiscal ^ake^x^ 
year town funds to an amount ^*^-^^j4^'^® 
equal to one twenty-fifth of one limits of 

^ "^ certain 

per cent of their assessed valua- towns. 
tion of real and personal property, the Com- 
monwealth shall expend within the limits 
of such towns, for the purpose of suppress- 
ing the gypsy and brown tail moths, such 
an amount in addition as the supermtendent 
with the advice and consent of the governor 
shall recommend. The Common- j^eimburse- 
wealth sha,ll reimburse cities and J^ients. 
towns every sixty days according to the pro- 
visions of this act. 

No city or town shall be entitled to any 
reimbursement from the Commonwealth until 
it has submitted to the auditor of itemized 
the Commonwealth itemized ac- eSp*lndi-**^ 
counts and vouchers showing; the *"^^^.^^^^® 

» submitted 

definite amount expended by it for *« auditor. 



30 FOREST LAWS. 

the purpose of this act ; nor shall any money 
be paid out of the treasury of the Common- 
wealth to cities or tov/ns, pursuant to the 
provisions of this act, until said vouchers and 
accounts have been approved by the superin- 
tendent and the auditor of the Commonwealth. 
For the purposes of this section, the valua- 
tion of the previous year shall be taken as a 

basis. The fiscal year for nine- 
Previous "^ 

year as teen hundred and seven and for 

all succeeding years shall close 
on the thirtieth day of November. 

1905, 381, sec. 5, as amended, 1906, 268, 
sec. 3; 1907, 521, see. 2. When, in the 
Superin- oioiuion of the suj)erintendent, any 
order^x-** ^^^J ^^ town is not expending a 

penditures sufficient amount for the abate- 
in certain 

cases. ment of said nuisance, or is not 

conducting the necessary work in a proper 
manner, then the superintendent shall, with 
the advice and consent of the governor, order 
such city or town to expend such an amount 
as the superintendent shall deem necessary, 
and in accordance with such methods as the 
superintendent, with the consent of the gov- 
ernor, shall j^rescribe : provided, 

Proviso. , , , , 

that no city or town where the as- 
sessed valuation of real and joersonal property 



FOREST LAWS. 31 

exceeds six niillioii dollars shall be required 
to exi^end, exclusive of any reimbursement 
received from the Commonwealth, during- any 
one full year more than one fifteenth of one 
per cent of such valuation, and that no town 
where the assessed valuation of real and per- 
sonal propert}^ is less than six million dollars 
shall be required to expend, exclusive of any 
reimbursement received from the Common- 
wealth, during any one full j^ear more than 
one twenty-fifth of one per cent of such valu- 
ation. For the purposes of this section the 
valuation of each previous year shall be used. 

Any city or town failing to comply with the 
directions of the said superintendent in the 
performance of said work within 
the date specified by him shall failing to 
pay a fine of one hundred dollars ^^^^^ ^' 
a day for failure so to do ; said fine to be 
collected bv information brought bv the attor- 
ney-general in the supreme judicial court for 
Suffolk county. 

In case of emergency, or Avhere there is 
great or immediate danger of the increase or 
spread of the moths due to the superin- 
neglect of any city or town to ^onW^^^ 
comply with the terms of this act, ^orkin 

^ •^ ' case of 

the superintendent, with the con- emergency. 



32 FOREST LAWS. 

sent of the governor, may initiate or continue 
the work of suppressing the moths within the 
limits of such city or town for such a period 
as the superintendent may deem necessary. 
The cost of such work, including that done on 
private estates, less any sum due from the state 
by way of reimbursements on account of said 
work, shall be certified by the superintendent 
to the treasurer of the Commonwealth, and be 
collected by him as an additional state tax 
upon the city or town so failing to comply with 
the requirements of the law. The superin- 
tendent may also in case of emergency, sub- 
ject to the approval of the governor, carry on 
wholly or in part such operations as may be 
necessary to check the spreading of the gypsy 
or brown tail moth in parks not under the 
control of the Commonwealth, and in ceme- 
teries, woodlands and other places of public 
_ ,. resort. The amount to be so ex- 

Expendi- 

tures not to pended in any one year shall not 

per cent of exceed ten per cent of the appro- 
annual state ... 1 J! i 1 1 i-i 
appropria- priations made for the year by the 

tions. state for the purpose of suppress- 

ing said moths. 

1905, 381, sec. 6, as amended, 1906, 268, 
sec. 4. The mayor of every ciij and the 



FOREST LAWS. 33 

selectmen of every town shall, on or before the 
first day of November in each year, and at such 
other times as he or they shall see cities and 
fit, or as the state superintendent ^Y5y own- 
may order, cause a notice to be ers of land 

-J ' to destroy 

sent to the owner or owners, so nests, etc. 
far as can be ascertained, of every parcel of 
land therein which is infested with said moths ; 
or, if such notification appears to be impracti- 
cable, then by posting such notice on said 
parcels of land, requiring that the eggs, cater- 
pillars, pupse and nests of said moths shall be 
destroyed within a time specified in the notice. 
When, in the opinion of the mayor or select- 
men, the cost of destroying such eggs, cater- 
pillars, pupse and nests on lands 
contiguous and held under one premises 
ownership in a city or town shall designated, 
exceed one half of one per cent of ^ ^' 
the assessed value of said lands, then a part of 
said premises on which said eggs, caterpillars, 
pupse or nests shall be destroyed may be desig- 
nated in such notice, and such requirement 
shall not apply to the remainder of said 
premises. The mayor or selectmen may 
designate the manner in which such work 
shall be done, but all work done under this 



34 FOREST LAWS. 

section shall be subject to the iqDproval of the 
state superintendent. 

If the owner or owners shall fail to destroy 
such eggs, caterpillars, pupge or nests in ac- 
L<ands may cordance with the requirements of 
iTowners^** the Said notice, then the city or 
fau^to^de- town, acting by the public officer 
etc. or board of such city or town 

designated or appointed as aforesaid, shall, 
subject to the apjoroval of the said superin- 
tendent, destroy the same, and the amount 
actually expended thereon, not exceeding one 
half of one per cent of the assessed valuation 
of said lands, as heretofore specified in this 
section, shall be assessed upon the said lands ; 
and such an amount in addition as shall be re- 
quired shall be apportioned between the city 
or town and the Commonwealth in accordance 
with the provisions of section four of this act. 
The amounts to be assessed upon private es- 
tates as herein provided shall be assessed and 
collected, and shall be a lien on said estates, 
in the same manner and with the same effect 
as is provided in the case of assessments for 
street watering. 

1905, 381, sec. 7, as amended, 1906, 268, 
sec. 5, and 1907, 521, sec. 3. If, in the opinion 



FOREST LAWS. 35 

of the assessors of a city or town, any land 
therein has received, by reason of the abate- 
ment of said nuisances thereon by 
said superintendent or by said city of better- 
or town, a special benefit beyond 
the general advantage to all land in the city or 
town, then the said assessors shall determine 
the value of such special benefit and shall 
assess the amount thereof upon said land : 
jyrovided, that no such assessment 

Provisos* 

on lands contiguous and held 
under one ownership shall exceed one half of 
one per cent of the assessed valuation of said 
lands ; and provided, that the owner or owners 
shall have deducted from such assessment the 
amount paid and expended by them during the 
twelve months last preceding the date of such 
assessment toward abating the said nuisances on 
said lands, if, in the opinion of the assessors, 
such amount has been expended in good faith. 
Such assessment shall be a lien upon the land 
for three years from the first day of January 
next after the assessment has been made, and 
shall be collected under a warrant of the as- 
sessors to the collector of taxes of such city or 
town, in the manner and upon the terms and 
conditions and in the exercise of the powers 



36 FOREST LAWS. 

and duties, so far as they may be applicable, 
prescribed by chapter thirteen of the Revised 
Laws relative to the collection of taxes. 

Real estate sold hereunder may be redeemed 
within the time, in the manner, and imder the 
_ , provisions of law, so far as they 

Redemp- ^ '' 

tionofreai may be applicable, set forth in 
chapter thirteen of the Revised 
Laws for the redemption of land sold for 
taxes. 

A person aggrieved by such assessment may 
appeal to the superior court for the county in 
Persons which the land lies, by entering a 

m^^'appeai complaint in said court within thirty 
to tiie days after he has had actual notice 

superior -^ 

court, etc. of the assessment, which complaint 
shall be determined as other causes by the 
court without a jury. The complaint shall be 
heard at the first sitting of said court for trials 
without a jury after its entry ; but the court 
may allow further time, or may advance the 
case for speedy trial, or may appoint an auditor 
as in other cases. The court may revise the 
assessment, may allow the recovery back of an 
amount wrongfully assessed which has been 
paid, may set aside, in a suit begun within 
three years from the date thereof, a collector's 
sale made under an erroneous assessment, may 



FOREST LAWS. 37 

award costs to either party and may render 
such judgment as justice and equity require. 

If, in the opinion of the assessors, the owner 
of an estate upon which an assessment as afore- 
said has been made is, by reason . 

'' Assessment 

of age, infirmity or poverty un- maybe 
able to pay the assessment, they certain 
may uj)on aj)plication abate the 
same. Every city or town in rendering an 
account to the state auditor as provided for in 
section four of this act sliall deduct from such 
amount as it has expended the total amount it 
has assessed for work performed under section 
six of this act during the term covered by the 
account : j)'^ovided, such work was 
performed under such conditions as 
require reimbursement in whole or in part by 
the state. 

1905, 381, sec. 8. To meet the expenses 
incurred under authority of this act, there shall 
be allowed and paid out of the Expendi- 
treasury, of the Commonwealth, t^i^es 
during the period up to and including May 
first, nineteen hundred and seven, the sum 
of three hundred thousand dollars. Of this 
amount seventj^-five thousand dollars may be 
expended during the calendar year nineteen 
hundred and five ; one hundred and fifty thou- 



FOREST LAWS. 



sand dollars, and any unexpended balance of 
the previous year, may be expended during 
the calendar year nineteen hundred and six ; 
and seventy-five thousand dollars, and any un- 
expended balance of the previous years, may 
be expended during the calendar year nineteen 
hundred and seven, up to and including May 
first. 

1905, 381, sec. 9. An additional sum of ten 
thousand dollars in each of the years nineteen 
Additional hundred and five, nineteen hundred 
be'ex-™*^ and six and nineteen hundred and 
pended, etc. seven may, in the discretion of the 
state superintendent, be expended by him for ex- 
perimenting with parasites or natural enemies 
for destroying said moths, and any unexpended 
balance of any year may be expended in the 
subsequent years. 

1905, 381, sec. 10. Chapter two hundred 
and ten of the acts of the year eighteen hun- 
dred and ninety-one and sections 
one and two of chapter five hun- 
dred and forty-four of the acts of the year 
eighteen hundred and ninety-eight and section 
two of chapter fifty-seven of the acts of the year 
nineteen hundred and two, are hereby repealed. 

1905, sec. 11, as amended, 1906, 268, sec. 6. 
A person who wilfully resists or obstructs the 



FOREST LAWS. 39 

superintendent or any official of a city or town, 

or a servant or agent duly employed by said 

superintendent or by any of said 

officials, while lawfully engaged obstructing, 

in the execution of the purposes superinten- 

of this act, or who knowingly fails ' 

to comply with any of the rules or regulations 

issued by said superintendent, shall forfeit a 

sum not exceeding twenty- five dollars for each 

offence. 

1905, sec. 12, as amended, 1907, 521 sec. 4. 
Valuations of real and personal valuations 
property of each previous year Previous 
shall govern the provisions of this govern. 
act. 

R. L. 208, sec. 108. Whoever knowingly 
brinofs the insects which are known as the 
ocneria dispar or gypsy moth or Transporta. 
as the brown tail moth, or their ****." ?^ 

injurious 

nests or eggs, into this Common- insects. 
wealth, or whoever knowingly transports said 
insects or their eggs or nests from one city or 
town to 'another city or town in the Common- 
wealth, except when engaged in, and for the 
purpose of, destroying them, shall be punished 
by a fine of not more than two hundred dollars, 
or by imprisonment for not more than sixty 
days, or by both such fine and imprisonment. 



LSf O"^ COfvcRESs 




0001455345? 



